(1) For the purposes of these Regulations a person shall be deemed to be engaged in providing commercial air transport to, from, in or over Saint Lucia if that person or agent of that person—
(a) has undertaken any form of advertising to carry passengers or property by aircraft to, from, in or over Saint Lucia for remuneration or valuable consideration;
(b) offers verbally or otherwise to carry passengers or property by aircraft to, from, in or over Saint Lucia for remuneration or valuable consideration;
(c) provides or advertises an arrangement for meals, lodging or travel, or any other “all-inclusive” method of pricing, for compensation, in which the travel by aircraft to, from, in or over Saint Lucia is included at gratis or is compensated;
(d) carries passengers or property by aircraft to, from, in or over Saint Lucia for remuneration or valuable consideration.
(2) A person shall not engage in commercial air transport to, from, in or over Saint Lucia, unless that person is a foreign air carrier in which case Chapter 10 applies or holds a valid air operator certificate issued in accordance with these Regulations and Part 9 of the Schedule and the conditions subject to which the air operator certificate was issued are complied with and—
(a) the initial certification requirements for commercial air transport operations pursuant to Part 9 of the Schedule are complete;
(b) the operations are in conformity with the authorizations and limitations of the air operator certificate issued pursuant to the requirements of Part 9 of the Schedule;
(c) the aircraft is specifically authorized by serial and registration number for the operations of the holder of the air operator certificate in accordance with Part 9 of the Schedule;
(d) the operations are in conformity with the applicable requirements of the security program specified in Part 9 of the Schedule;
(e) the aircraft is maintained in accordance with the applicable maintenance requirements of Parts 5, 6 and 9 of the Schedule;
(f) the passenger-carrying requirements are complied with pursuant to Part 9 of the Schedule;
(g) the assigned aviation personnel are qualified and current in conformity with the minimum qualification, training and checking of Part 9 of the Schedule;
(h) the assigned aviation personnel are in conformity with the duty and flight time and minimum rest periods specified in Part 9 of the Schedule;
(i) the flight is released in conformity with the flight release requirements specified in Part 9 of the Schedule;
(j) the mass and balance and performance requirements specified in Part 9 of the Schedule are complied with.